Overview
The Safe Third Country Agreement (STCA) is an agreement between Canada and the United States, in effect since 2004, that deems both countries to be safe for the purposes of refugee determination. Under the STCA, most people who arrive at the Canada-US land border from the United States and want to claim asylum are returned to the US to pursue their claim there, rather than having their claim processed in Canada.
The STCA significantly impacts refugee claimants who attempt to reach Canada from the US. Understanding how the agreement works, its exceptions, and recent changes is important for those considering seeking refuge in Canada.
How the Agreement Works
Under the STCA, a person who arrives at the Canada-US land border and is seeking to claim asylum in Canada will typically be turned back to the US. The logic of the agreement is that since the US is considered a "safe third country," individuals are expected to pursue refugee protection in the US rather than Canada.
When someone arrives at a land port of entry on the Canada-US border and indicates the wish to claim asylum in Canada, they will be interviewed by a Canadian border officer. The officer will likely determine that the STCA applies and will indicate that the individual must return to the US to pursue their claim there. The person is then escorted back across the border.
The STCA only applies at official land borders between Canada and the US. It does not apply if you arrive at an airport in Canada from the US (you can claim asylum in Canada if you arrive by air) or if you arrive at a port of entry in another country and then travel to Canada through other means.
STCA Rules and the Safe Third Country Concept
The "safe third country" concept is based on the assumption that both Canada and the US meet international standards for refugee protection. Both countries are signatories to the 1951 Refugee Convention and have established asylum systems.
The STCA stipulates that both countries will process asylum claims from the other country and provide appropriate protection if the person qualifies as a refugee. The agreement is intended to distribute responsibility for asylum claims between the two countries and prevent "asylum shopping"—the practice of moving between countries to find the most favorable jurisdiction for claiming protection.
Canada and the US have maintained that the agreement is consistent with international refugee law, though some human rights organizations and lawyers argue that the US does not uniformly meet Canada's protection standards.
Exceptions to the Safe Third Country Rule
Although the STCA is broadly applied, there are certain exceptions where a person can still claim asylum in Canada even if they are arriving from the US at a land border:
- Unaccompanied Minors: Children under age 18 who are traveling alone can claim asylum in Canada despite the STCA.
- Persons with Canadian Family Links: If you have a relative in Canada (spouse, parent, adult child, or other close family member), you may be exempt from the STCA in some circumstances.
- Persons with Permanent Resident Status: If you hold Canadian permanent residence status or are a Canadian citizen, the STCA does not apply.
- Persons from Countries Exempt from STCA: In 2023, an amendment to the agreement expanded exemptions to include certain countries.
Individuals who believe an exception may apply to their situation should communicate this to the border officer and provide supporting documentation.
2023 Changes to the Agreement
In 2023, Canada and the US reached an amendment to the STCA that expanded exemptions from the agreement. Under the amendment, nationals of certain countries are exempt from the STCA and can claim asylum in Canada even if arriving at a land border from the US.
The exempted countries include a list of nations identified as particularly lacking in refugee protection standards or where asylum seekers face obstacles to pursuing claims. The list has been updated periodically as countries' asylum systems change.
Nationals of exempted countries are able to claim asylum in Canada even at the land border. Border officers or IRCC's website can provide confirmation of whether a country is on the exemption list.
Roxham Road Border Closure
Roxham Road in Quebec was a focal point for asylum seekers attempting to enter Canada irregularly. For years, asylum seekers would cross illegally at this location and then make refugee claims in Canada, circumventing the STCA since the agreement only applies at official ports of entry.
In March 2023, Canada and the US temporarily closed Roxham Road to official border crossings as part of coordinated efforts to manage asylum flows. This closure significantly impacted asylum seekers who were using this route to avoid the STCA.
Following the closure of Roxham Road, asylum seekers have faced greater obstacles to reaching Canada outside the STCA framework. This underscores the importance of understanding the STCA, its exceptions, and your options for seeking asylum in Canada.
Your Rights Under the STCA
Even if the STCA applies to your situation, you have important rights:
- Right to Explanation: A border officer must explain why the STCA applies to you and provide you with information about your options.
- Right to Time to Decide: You typically have a period of time (usually 30 days) to decide whether to pursue a claim in the US or return to your country of origin.
- Right to Legal Counsel: You can consult with a lawyer about your options before deciding whether to pursue a claim in the US.
- Right to Challenge the Application of STCA: If you believe the STCA should not apply to you (due to an exception or other reason), you can request a review.
Rights should not be waived or agreements made to return to the country of origin without fully understanding available options under the STCA.
Challenging STCA Determinations
If you believe the STCA has been incorrectly applied to your situation, or if you believe you qualify for an exception, you can seek legal remedies:
- Request a Review: If you are turned back under the STCA and disagree with the application of the agreement, you can request a review by IRCC.
- Judicial Review: If you wish to challenge an STCA determination in court, you can seek judicial review from the Federal Court. This is a complex legal proceeding and requires legal assistance.
- Humanitarian and Compassionate Application: Even if the STCA applies, you can apply for discretionary relief based on humanitarian or compassionate grounds in exceptional circumstances.
Legal assistance is critical if you wish to challenge an STCA determination. Community legal clinics and immigration NGOs can advise you about your options.